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OC'ing while at my Brothers place. But he has a felony...

gunguy2009

Regular Member
Joined
Oct 7, 2009
Messages
200
Location
Janesville, Wisconsin, USA
I want to swing by my Moms/brothers house later and OC while I do some yard work for my Mom. But my brother has a felony for a non-violent offense. Can I still carry there?
 

CalicoJack10

Regular Member
Joined
Dec 28, 2010
Messages
559
Location
Arbor Vitae
Thats kind of touchy. You can not have a firearm readily accessable to a felon, no matter what the felony is for. I would say that since it is his legal residence, I would not do it. That is one of those better safe than sorry kinda things. I don't know of anything that says one way or another, but I would say that you should just skip it while you are there just to save yourself the hassle.

Again, i don't know for sure how the cops would view it, but there is my opinion anyway.
 

gunguy2009

Regular Member
Joined
Oct 7, 2009
Messages
200
Location
Janesville, Wisconsin, USA
Just got off the phone with Rock Co. Sheriffs Dept. and she is trying to reach a Deputy Supervisor and give a call back. So as soon as I hear from them, I will let you guys know what they said...
 

gunguy2009

Regular Member
Joined
Oct 7, 2009
Messages
200
Location
Janesville, Wisconsin, USA
They just called, didnt expect so soon... But the officer said without knowing the conditions of his felony, he said it would probably best not to because you wouldn't want to cause him to be in any violation. It's not a definite Yes or No, but I'm not going to Push it. Lol
 

Grapeshot

Legendary Warrior
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May 21, 2006
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35,317
Location
Valhalla
I do not see a problem with carry in the vicinity of a convicted felon. You likely do that every time you go out in public.

IMO - as long as you retain personal possession of the gun and do not allow "constructive possession" ( i.e. laying the gun down on a table and walking away) you are good to go.

Also do NOT recommend asking LEOs for legal opinions.
 

gunguy2009

Regular Member
Joined
Oct 7, 2009
Messages
200
Location
Janesville, Wisconsin, USA
Yeah, I know asking LEO's isn't the best option. When I very first started OC'ing, I called Beloit PD and spoke to an Officer that told me is what Flat out illegal in every way. I knew that was b.s. so I called a different officer and he told me a lot of helpful info. It's all who you talk too... The first guy was obviously against it and gave me false info.
 

grinner

Regular Member
Joined
Jun 28, 2010
Messages
101
Location
Pewaukee, WI
It's illegal for a felon to possess a firearm. Not illegal for you to possess a firearm in their presence.

It's really easy to look this up. There's no need to speculate.

legis.wisconsin.gov/statutes/Stat0941.pdf

Definition of possess according to an annotation in 941.29: "In this section, to possess means that the defendant knowingly has control of a firearm. There is no minimum length of time the firearm must be possessed for a violation to occur."

So just don't allow your felon friend to have control of the firearm for even an instant. Keep it holstered and don't let him touch it.
 

AaronS

Regular Member
Joined
May 2, 2009
Messages
1,497
Location
Milwaukee, Wisconsin, USA
I do not see a problem with carry in the vicinity of a convicted felon. You likely do that every time you go out in public.

IMO - as long as you retain personal possession of the gun and do not allow "constructive possession" ( i.e. laying the gun down on a table and walking away) you are good to go.

Also do NOT recommend asking LEOs for legal opinions.


I would have to agree 100% with your thoughts on this. I see no problem at all, as long as you keep the gun on your person. It is a matter of true law, not what the LEO's want to be law.
In the end, it is your choice.
 

Motofixxer

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May 14, 2010
Messages
965
Location
Somewhere over the Rainbow
While it's true that the felon can't have possession. So basically someone else can have possession in their presence. There are other issues that can also come into play. There are parole or probation contracts that many times state that the residence of the felon can't have certain items on the premises. So you can accidentally put the felon in a bad situation. If his contract states no alcohol or firearms on the premises, then he has a problem, not you. Like one felon I talked to was told by his PO. The PO has no control over the other people there, he does have control of the felon. I seen the rules contract the felon signed. So I respect the issue and won't carry there. Anywhere else is ok, but not at the residence.
 

gunguy2009

Regular Member
Joined
Oct 7, 2009
Messages
200
Location
Janesville, Wisconsin, USA
I agree, but at the same time, Im going to have to say No. If for some reason there is one hidden aspect of something we didnt see, and a cop finds it, Now I just sent my brother to prison over something that was thought to be safe. Its an awefully big risk Im not going to take!
 

MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
In this case, you wouldnt be able to carry around politicians either! :lol:
Im sure you carry around more felons than your aware of. "Have you ever seen a WalMart employee"? Ever wonder why the cooks at McDonalds look so sleezy?
 

oliverclotheshoff

Regular Member
Joined
Aug 17, 2010
Messages
845
Location
mauston wi
there was talk in here a while ago about this same subject but the felon i speak of had stipulations in his or her parole worded so that he or she could not be in the pressence of a firearm at all i dont remember all the details on it if you did a search im sure you could find it
 

GlockRDH

Regular Member
Joined
Sep 24, 2010
Messages
626
Location
north of the Peoples Republic of Madison
That makes me wonder again about the definaition of 'posession'...theres nothign that Gander mtn does to make sure that those 'asking to look at' a handgun in the display case are not felons...the gun is removed and handed to the person...
 

oliverclotheshoff

Regular Member
Joined
Aug 17, 2010
Messages
845
Location
mauston wi
That makes me wonder again about the definaition of 'posession'...theres nothign that Gander mtn does to make sure that those 'asking to look at' a handgun in the display case are not felons...the gun is removed and handed to the person...

thats is an interseting thing to think of im sure someone will chime in on it
 

Passive101

Regular Member
Joined
Oct 21, 2008
Messages
223
Location
, ,
Nothing wrong as long as it's in your holster. Is it illegal for LE to be near felons with their guns? Is it wrong to have a gun for self defense when a criminal is in your home? Do you keep a firearm in your possession for craigs list transactions knowing the person could be a felon? What if you didn't know the person was a felon? What if you invite co-workers over for a bbq and don't know someone is a felon or if 1 is? The list goes on and on.

The part that is important is that you never allow access of it to him. When you walk around a store I'm sure you pass felons every day.
 
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